Treharne v. Loftin

Opinion

SCHAUER, P. J.

On this appeal we are called upon to determine the validity of an administrator’s settlement of claims by and against an estate without first obtaining court approval as required by section 718.5 of the Probate Code.1 We will affirm the judgment on the grounds that the administrator’s failure to obtain such approval does not empower the estate to repudiate the administrator’s settlement with a third party.

Facts and Proceedings Below

In 1975 respondent Loftin and Lauradean Collins acquired title to real property (property) as joint tenants. On August 16, 1977, the parties…